The class action lawsuit over alleged incidents at Jack Hulland Elementary School will continue despite the conclusion of the criminal investigation by the RCMP.
That was the word today from Luke Faught, one of the lawyers handling the lawsuit on behalf of an unknown number of litigants.
Faught told The Yukon Star the findings of the criminal investigation “weren’t unexpected.”
The civil case, he said, was never reliant on the results of the RCMP investigation.
Nothing in that investigation, Faught said, casts any doubt on whether the alleged incidents, which involved the inappropriate use of restraints and isolation techniques by staff on students, actually occurred.
Police announced Wednesday there will be no charges laid after the conclusion of the long-running investigation into alleged practices at Jack Hulland Elementary School.
“The Whitehorse RCMP General Investigation Section have concluded the investigation into allegations related to use of holds and isolation spaces at Jack Hulland Elementary School,” police said.
“As a result of the investigation, the RCMP have concluded on the entirety of the evidence that was collected, that no criminal charges will be laid in this matter.”
The RCMP added that “no further commentary will be provided in this case due to other ongoing judicial processes.”
The investigation began on Nov. 19, 2021, when the RCMP were made aware of the concerns over the use of restraint holds and isolation spaces.
Faught told The Yukon Star “there was no reason to think the investigation was flawed.”
He said the RCMP have “vast discretion” in the ability to lay charges or not, and the decision to not lay any charges fell within their purview.
The legal team is now weighing the chances of a negotiated settlement, Faught said, and witnesses are being questioned by both parties.
He added he is unable to confirm the number of people involved in the class action lawsuit due to confidentiality issues, but did say more litigants have come forward and joined the case since it was launched.
